First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0237.01 Julie Pelegrin x2700 HOUSE BILL 15-1105 HOUSE SPONSORSHIP Everett, Saine, Joshi, Lundeen, Neville P., Van Winkle, Becker J., Buck, Humphrey, Klingenschmitt, Nordberg, Szabo SENATE SPONSORSHIP Marble, Neville T., Lambert House Committees Senate Committees Education Appropriations A BILL FOR AN ACT Concerning revising accountability measures in public education. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Under current law, the state board of education (state board) is required to adopt state academic standards in several subjects. The bill repeals the existing academic standards for English language arts, mathematics, science, and social studies and requires the state board to adopt new academic standards in these subjects as recommended by the preschool through elementary and secondary education academic standards steering committee (steering committee), created in the bill. The steering committee consists of legislators; the chancellor of the Colorado state university system; the president of the university of Colorado; the president of the Colorado school of mines; civic, business, and industry leaders from around the state; a principal; 2 teachers; and 2 members of school district boards of education. The steering committee must appoint an executive director to facilitate the steering committee's work, a committee to develop academic standards in English language arts (ELA committee), a committee to develop academic standards in mathematics (mathematics committee), a committee to develop academic standards in science (science committee), and a committee to development academic standards in social studies, including history, geography, economics, and civics (social studies committee), and 4 administrative assistants to assist the standards committees. The ELA committee, mathematics committee, science committee, and social studies committee must develop academic standards in their subjects by starting with a set of highly regarded standards that were in place before 2009 in one of a list of specified states and updating them as appropriate. Each committee must prepare multiple drafts and solicit written, signed comments from educators and other interested persons before submitting the drafts and a final draft to the steering committee. The steering committee must solicit public comment and hold a hearing before finally adopting the English language arts, mathematics, science, and social studies academic standards that it recommends to the state board for adoption. The ELA, mathematics, science, and social studies committees are recreated starting in July 1, 2018, and every 6 years thereafter to revise the English language arts, mathematics, science, and social studies standards using the process described for 2015. As soon as possible after the state board adopts the English language arts, mathematics, and science academic standards, the department of education (department) must contract with a vendor to develop and provide statewide assessments in English language arts, mathematics, and science that align with the new academic standards for these areas. The contract must specify that the assessment questions cannot be designed to collect or measure data, including metadata, concerning students' noncognitive, behavioral, emotional, or psychological characteristics, attributes, or skills and that the vendor cannot collect biometric data, except handwriting. Existing law directs the state board to adopt a system of statewide assessments. The bill clarifies that the state board must adopt state assessments in English language arts, mathematics, and science. The bill repeals the provision that directs the state board to participate with a consortium of states in developing assessments and repeals the requirement that the state board adopt postsecondary and workforce planning and preparation assessments. The bill restricts statewide testing in English language arts, mathematics, and science to the minimum requirements in federal law: For English language arts and mathematics, testing annually in each of grades 3 through 8 and once in grades 10 through 12; and For science, testing annually in one of grades 3 through 5, one of grades 6 through 9, and one of grades 10 through 12. Each school district, board of cooperative services that operates a school, and charter school (local education provider) must notify the state board regarding the grade levels at which it will administer the state assessments. The bill repeals the existing statute that governs statewide testing, which includes repealing the requirement that local education providers administer the college entrance examination selected by the state board (ACT) in 11th grade. The bill recreates the statutory provisions that relate to testing in languages other than English, testing children with disabilities, exempting from testing the children that participate in nonpublic, home-based educational programs and nonpublic schools, the dissemination and use of test results, allowing nonpublic schools to administer the statewide tests, and appropriating moneys to fund statewide testing. Under the bill, the department must work with local education providers to recruit teachers to grade the statewide assessments. The department will distribute moneys to the local education providers, which will pay the teachers for grading the assessments. Under the bill, the state board may not enter into any type of agreement or contract with a federal agency or private entity that in any way cedes or limits state discretion or control over academic standards and assessments. As of the effective date of the bill, the state is not a governing board member or participating in any way with a consortium of states that creates a common set of assessments, and the department cannot administer any assessment created by a consortium of states. The department may participate in a multistate cooperative, but cannot bind the state to the authority of another state or organization that may supersede the authority of the state board. The state board must ensure that the academic standards and assessments are designed to measure a student's subject matter proficiency and do not collect or measure a student's noncognitive, behavioral, emotional, or psychological characteristics, attributes, or skills. After the state board adopts the new standards in English language arts, mathematics, science, and social studies, each local education provider must review its academic standards in these subjects and revise them if necessary to ensure they meet or exceed the state academic standards. Each local education provider must adopt written policies to: Allow a parent to excuse his or her child from participating in a statewide assessment or an assessment that the local education provider administers. The department and the local education provider cannot penalize a student, teacher, administrator, or public school if a parent excuses his or her child from participating in an assessment. Allow a parent to choose to allow his or her child to take an on-line or computer-based assessment using pen or pencil and paper instead of a computer. Each local education provider must adopt policies to ensure that parents and legal guardians have reasonable access to review the instructional material that the local education provider uses in the public schools that it operates. The bill repeals the council for educator effectiveness and assigns its duties to the steering committee. Under current law, each local education provider must evaluate each of the licensed educators that it employs, and at least 50 percent of each educator's evaluation must be based on student academic growth. The bill reduces the required consideration of student academic growth to 15 percent, but allows a local education provider to set another percentage, so long as it does not exceed 50 percent. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 22-7-1005 as follows: 22-7-1005. Preschool through elementary and secondary education - aligned standards - adoption - revisions. (1) On or before December 15, 2009, the state board shall adopt academic standards that identify the knowledge and skills that a student should acquire as the student progresses from preschool through elementary and secondary education. (1.5) The academic standards that the state board adopted for English language arts and mathematics in August 2010 are repealed, effective July 1, 2015. The academic standards that the state board adopted for science and social studies in December 2009 are repealed, effective July 1, 2015. The academic standards for reading, writing, mathematics, science, and social studies that were in effect in Colorado for the 2006-07 school year are effective beginning July 1, 2015, and continuing until the state board adopts the standards for English language arts, mathematics, science, and social studies recommended by the standards steering committee pursuant to section 22-7-1005.5. The state board shall adopt the recommended standards for English language arts, mathematics, science, and social studies no later than November 18, 2015. (2) (a) The state board shall ensure that the preschool through elementary and secondary education academic standards, at a minimum, include standards in reading, writing, English language arts; mathematics; science; social studies, which includes history, geography, economics, including financial literacy, and civics; visual arts; performing arts; physical education; world languages; English language competency; economics, civics, financial literacy, and any other instructional areas for which the state board had adopted standards as of January 1, 2008. (b) In developing the preschool through elementary and secondary education academic standards, the state board shall also take into account any career and technical education standards adopted by the state board for community colleges and occupational education, created in section 23-60-104, C.R.S., and, to the extent practicable, shall align the appropriate portions of the preschool through elementary and secondary education academic standards with the career and technical education standards. (c) In developing the preschool through elementary and secondary education academic standards, the state board shall include identification of the levels of attainment that a student shall achieve in order to demonstrate readiness for promotion from elementary grades to middle school grades and from middle school grades to high school grades. (3) The state board in adopting the preschool through elementary and secondary education academic standards shall: (a) Align the standards to ensure that a student who demonstrates attainment of the standards as the student advances from preschool through elementary and secondary education will be able to demonstrate postsecondary and workforce readiness prior to or upon attaining a high school diploma; (b) Collaborate with the commission to ensure that the standards are aligned with the description of postsecondary and workforce readiness adopted pursuant to section 22-7-1008; (c) Ensure that the standards will facilitate longitudinal measurement of each student's academic growth from preschool through elementary and secondary education; (d) Ensure that the standards include development of postsecondary planning skills and the application of those skills; and (e) Ensure that, in addition to measuring a student's subject matter knowledge, the standards, to the extent practicable, will require a student to develop and demonstrate creativity and innovation skills; critical-thinking and problem-solving skills; communication and collaboration skills; social and cultural awareness; civic engagement; initiative and self-direction; flexibility; productivity and accountability; character and leadership; information technology application skills; and other skills critical to preparing students for the twenty-first-century workforce and for active citizenship; and (f) Ensure that the standards are comparable in scope, relevance, and rigor to the highest national and international standards that have been implemented successfully grade-appropriate academic content knowledge to the standards adopted by the academically highest-performing states and countries and are consistent with and relevant to achievement of the goals specified in section 22-7-1002. (4) In adopting the standards for preschool through elementary and secondary education pursuant to this section, the state board shall ensure that it includes standards for grades nine through twelve that are aligned with the postsecondary and workforce planning, preparation, and readiness assessments adopted by the state board and the commission pursuant to section 22-7-1008. (5) The state board shall modify the preschool through elementary and secondary education standards adopted pursuant to this section as necessary in response to comments received through the peer review process and to reflect the contents of the state plan approved pursuant to section 22-7-1012. (6) (a) On or before July 1, 2018, and on or before July 1 every six years thereafter, the state board shall review and adopt any appropriate revisions to the preschool through elementary and secondary education standards in each of the instructional areas specified in this section, except English language arts, mathematics, science, and social studies. In adopting revisions, the state board may add or delete one or more of the specific instructional areas, except English language arts, mathematics, science, and social studies, based on the needs of the state and changes in national and international academic expectations. In adopting revisions to the standards pursuant to this subsection (6), the state board shall ensure that the standards continue to meet the requirements specified in subsection (3) of this section. (b) In a year in which the academic standards steering committee recommends revisions to the preschool through elementary and secondary education academic standards in English language arts, mathematics, science, and social studies as provided in section 22-7-1005.5, the state board shall adopt the revisions within thirty days after receiving the recommendations from the academic standards steering committee. SECTION 2. In Colorado Revised Statutes, add 22-7-1005.5 as follows: 22-7-1005.5. Preschool through elementary and secondary education - academic standards steering committee - standards development committees - definitions. (1) As used in this section, unless the context otherwise requires: (a) "ELA committee" means the English language arts standards development committee appointed pursuant to subsection (4) of this section. (b) "Mathematics committee" means the mathematics standards development committee appointed pursuant to subsection (5) of this section. (c) "Science committee" means the science standards development committee appointed pursuant to subsection (6) of this section. (d) "Social studies" includes the instructional areas of history, geography, economics, including financial literacy, and civics. (e) "Social studies committee" means the social studies standards development committee appointed pursuant to subsection (7) of this section. (f) "Standards committees" means the ELA committee, mathematics committee, science committee, and social studies committee. (g) "Steering committee" means the preschool through elementary and secondary education academic standards steering committee created in subsection (2) of this section. (2) (a) There is created the preschool through elementary and secondary education academic standards steering committee to oversee the work of an English language arts standards development committee, a mathematics standards development committee, a science standards development committee, and a social studies standards development committee. The steering committee shall recommend to the state board preschool through elementary and secondary education academic standards in English language arts, mathematics, science, and social studies, based on the recommendations of each of the standards committees. The steering committee also has the responsibilities specified in section 22-9-105.5. (b) The steering committee consists of: (I) The persons appointed as provided in paragraph (c) of this subsection (2); (II) The president of the university of Colorado; (III) The chancellor of the Colorado state university system; (IV) The president of the Colorado school of mines; and (V) The chairs of each of the standards committees. (c) (I) As soon as possible after the effective date of this section, but no later than July 1, 2015, the president of the senate and the speaker of the house of representatives shall appoint members of the steering committee as follows: (A) The speaker of the house of representatives shall appoint two representatives to serve on the steering committee, one of whom is a member of the majority party and one of whom is a member of the minority party. The speaker shall consult with the minority leader in selecting the representative from the minority party. (B) The president of the senate shall appoint two senators to serve on the steering committee, one of whom is a member of the majority party and one of whom is a member of the minority party. The president shall consult with the minority leader in selecting the senator from the minority party. (II) The legislative members, the president of the university of Colorado, the chancellor of the Colorado state university system, and the president of the Colorado school of mines shall jointly appoint the following persons to serve on the steering committee: (A) Five persons from around the state who are leaders in civic organizations, business, or industry in their communities; (B) One person who is employed as a principal in a school of a school district, including a district charter school, or in an institute charter school; (C) Two persons who are employed as teachers in schools of a school district, including district charter schools, or in institute charter schools; and (D) Two persons who are serving as members of a local school board in Colorado, one of which is located in a rural school district and one of which is located in an urban or suburban school district. (d) A person shall not serve as a member of the steering committee if the person or an immediate family member of the person has a financial interest, as defined in section 24-18-102 (4), C.R.S., in a business or other undertaking that may benefit from an official action that the steering committee may take. (e) The appointed members of the steering committee serve at the pleasure of the appointing authorities, are appointed for two-year terms, and may be appointed to multiple successive terms. If a vacancy arises among the appointed members, the appointing authority for the vacated position shall appoint a replacement to serve the remainder of the term for the vacated position. (f) The members of the steering committee serve without compensation and are not reimbursed for expenses. (3) (a) The steering committee has the following responsibilities: (I) To oversee the creation of preschool through elementary and secondary education academic standards in English language arts, mathematics, science, and social studies; (II) To appoint an executive director as provided in paragraph (b) of this subsection (2); (III) To appoint the persons to serve as chairs, and persons to serve as members, of the ELA committee, the mathematics committee, the science committee, and the social studies committee, as provided in subsections (4) through (7) of this section; (IV) To finally recommend the English language arts academic standards, mathematics academic standards, science academic standards, and social studies academic standards developed pursuant to this section to the state board for adoption as provided in section 22-7-1005 (1.5); and (V) To fulfill the responsibilities specified in section 22-9-105.5 relating to the systems for evaluating licensed educators. (b) The steering committee shall appoint an executive director to serve as the steering committee's liaison and directly work with the chairs of each of the standards committees. The executive director shall report to the steering committee and shall ensure accurate communications among the steering committee, and the standards committee chairs and with the general assembly, the governor, and the public. The executive director shall also: (I) Oversee the work of the administrative assistants that the steering committee appoints pursuant to paragraph (c) of this subsection (3); and (II) Assist the steering committee in fulfilling the responsibilities specified in section 22-9-105.5 relating to the systems for evaluating licensed educators. (c) In each year in which the standards committee are appointed, the steering committee shall appoint four administrative assistants, one to assist each of the standards committees. Each administrative assistant shall work with his or her respective committee chair and shall assist the committee in organizing data, preparing for meetings, creating meeting minutes, preparing the draft of the academic standards based on the committee's work, and compiling and organizing public comments on the academic standards. (4) (a) There is created the English language arts standards development committee to develop the preschool through elementary and secondary education academic standards for English language arts to recommend to the state board for adoption pursuant to section 22-7-1005 (1.5). The academic standards that the ELA committee develops must, at a minimum, meet the requirements specified in section 22-7-1005. The ELA committee consists of fifteen members as follows: (I) A chair person who must be an undergraduate teaching faculty member in the English language or literature department of an accredited university in Colorado. The president of each accredited university in Colorado that provides graduate-level degree programs in English language or literature may nominate a candidate to serve as the chair person of the ELA committee. (II) A vice chair who is a teaching faculty member in an undergraduate English language arts or literature department at a university in Colorado and is selected by the chair person; (III) Four persons who are employed as teachers in preschool, kindergarten, or any of grades one through five; (IV) Four persons who are employed as English language arts teachers in one of grades six through eight; (V) Four persons who are employed as English language arts teachers in one of grades nine through twelve; and (VI) One person who is employed as a librarian, nominated by a statewide library association or university faculty. (b) To qualify to serve on the ELA committee, a teacher must at the time of nomination be teaching at, and have at least seven years of experience teaching at, the grade level for which the teacher is nominated; and hold at least a minor-level baccalaureate degree in English. The superintendent of each school district in Colorado and the executive director of the state charter school institute may nominate one classroom teacher per grade-level grouping to serve on the ELA committee. To nominate a teacher, a superintendent or the executive director must submit a written nomination that is not longer than one page and, at a minimum, includes a listing of the English classes that the nominee completed in obtaining his or her degree. (c) The steering committee shall select the members of the ELA committee, taking into account recommendations from the ELA committee chair and vice chair. (5) (a) There is created the mathematics standards development committee to develop the preschool through elementary and secondary education academic standards for mathematics to recommend to the state board for adoption pursuant to section 22-7-1005 (1.5). The academic standards that the mathematics committee develops must, at a minimum, meet the requirements specified in section 22-7-1005. The mathematics committee consists of fifteen members as follows: (I) A chair person who must be an undergraduate teaching faculty member in a mathematics or engineering department of an accredited university in Colorado. The president of each accredited university in Colorado that provides graduate-level degree programs in mathematics or engineering may nominate a candidate to serve as the chair person of the mathematics committee. (II) A vice chair who is a teaching faculty member in an undergraduate mathematics department at a university in Colorado and is selected by the chair person; (III) Four persons who are employed as teachers in preschool, kindergarten, or any of grades one through five; (IV) Four persons who are employed as mathematics teachers in one of grades six through eight; (V) Four persons who are employed as mathematics teachers in one of grades nine through twelve, including one person who teaches algebra I, one person who teaches geometry, one person who teaches algebra II, and one person who teaches pre-calculus or trigonometry; and (VI) One person who is employed as an engineer, nominated by a statewide professional engineering organization or university faculty. (b) To qualify to serve on the mathematics committee, a teacher must at the time of nomination be teaching at, and have at least seven years of experience teaching at, the grade level for which the teacher is nominated; and hold at least a minor-level baccalaureate degree in mathematics or engineering. The superintendent of each school district in Colorado and the executive director of the state charter school institute may nominate one classroom teacher per grade-level grouping to serve on the mathematics committee. To nominate a teacher, a superintendent or the executive director must submit a written nomination that is not longer than one page and, at a minimum, includes a listing of the mathematics or engineering classes that the nominee completed in obtaining his or her degree. (c) The steering committee shall select the members of the mathematics committee, taking into account recommendations from the mathematics committee chair and vice chair. (6) (a) There is created the science standards development committee to develop the preschool through elementary and secondary education academic standards for science to recommend to the state board for adoption pursuant to section 22-7-1005 (1.5). The academic standards that the science committee develops must, at a minimum, meet the requirements specified in section 22-7-1005. The science committee consists of fifteen members as follows: (I) A chair person who must be an undergraduate teaching faculty member in the natural sciences department of an accredited university in Colorado. The president of each accredited university in Colorado that provides graduate-level degree programs in natural sciences may nominate a candidate to serve as the chair person of the science committee. (II) A vice chair who is a teaching faculty member in an undergraduate natural sciences department at a university in Colorado and is selected by the chair person; (III) Four persons who are employed as teachers in preschool, kindergarten, or any of grades one through five; (IV) Four persons who are employed as science teachers in one of grades six through eight; (V) Four persons who are employed as science teachers in one of grades nine through twelve; and (VI) One person who is employed as a research scientist, nominated by a statewide association of research science professionals or university faculty. (b) To qualify to serve on the science committee, a teacher must at the time of nomination be teaching at, and have at least seven years of experience teaching at, the grade level for which the teacher is nominated and hold at least a minor-level baccalaureate degree in a natural science. The superintendent of each school district in Colorado and the executive director of the state charter school institute may nominate one classroom teacher per grade-level grouping to serve on the science committee. To nominate a teacher, a superintendent or the executive director must submit a written nomination that is not longer than one page and, at a minimum, includes a listing of the natural science classes that the nominee completed in obtaining his or her degree. (c) The steering committee shall select the members of the science committee, taking into account recommendations from the science committee chair and vice chair. (7) (a) There is created the social studies standards development committee to develop the preschool through elementary and secondary education academic standards for social studies to recommend to the state board for adoption pursuant to section 22-7-1005 (1.5). The academic standards that the social studies committee develops must, at a minimum, meet the requirements specified in section 22-7-1005. The social studies committee consists of fifteen members as follows: (I) A chair person who must be an undergraduate teaching faculty member in the history, political science, geography, or economics department of an accredited university in Colorado. The president of each accredited university in Colorado that provides graduate-level degree programs in history, political science, geography, or economics may nominate a candidate to serve as the chair person of the social studies committee. (II) A vice chair who is a teaching faculty member in an undergraduate history, political science, geography, or economics department at a university in Colorado and is selected by the chair person; (III) Four persons who are employed as teachers in preschool, kindergarten, or any of grades one through five; (IV) Four persons who are employed as social studies teachers in one of grades six through eight; (V) Four persons who are employed as social studies teachers in one of grades nine through twelve; and (VI) One person who is employed as a historian, geographer, or economist, nominated by a statewide professional association or university faculty. (b) To qualify to serve on the social studies committee, a teacher must at the time of nomination be teaching at, and have at least seven years of experience teaching at, the grade level for which the teacher is nominated and hold at least a minor-level baccalaureate degree in history, geography, political science, or economics. The superintendent of each school district in Colorado and the executive director of the state charter school institute may nominate one classroom teacher per grade-level grouping to serve on the social studies committee. To nominate a teacher, a superintendent or the executive director must submit a written nomination that is not longer than one page and, at a minimum, includes a listing of the classes in history, geography, political science, and economics that the nominee completed in obtaining his or her degree. (c) The steering committee shall select the members of the social studies committee, taking into account recommendations from the social studies committee chair and vice chair. (8) (a) The standards committees shall each prepare a first draft of academic standards by using an existing highly rated set of academic standards as a foundation. The ELA committee may select from the English language arts standards in effect in California before 2009, in Indiana as of 2006, or in Massachusetts as of 2001 or as revised in 2013. The mathematics committee may select from the mathematics standards in effect in California before 2009, in Indiana as of 2006, in Massachusetts as of 2000, or in Minnesota before 2009. The science committee and the social studies committee may each select from the standards in their respective instructional areas in effect in California before 2009, in Indiana as of 2006, or in Massachusetts as of 2000. Each standards committee shall modify, rewrite, or reorganize the academic standards as necessary in preparing the first draft. Each standards committee shall distribute copies of the first draft for review and comment to persons nominated, but not selected, to serve on the respective standards committees. The administrative assistants shall compile the comments received and provide them to the appropriate standards committee. Each standards committee may revise the first draft based on the comments received, and shall submit the first draft to the steering committee for review. (b) After receiving comments from the steering committee, the standards committees shall each develop a second draft and submit the second draft to the undergraduate teaching faculty in the respective instructional areas of each standards committee at Colorado institutions of higher education and to special interest groups, including at a minimum: (I) Chambers of commerce; (II) Business and industry professional organizations; (III) Engineering professional organizations; (IV) Early childhood advocacy organizations; (V) Special education advocacy organizations; (VI) English language learners advocacy organizations; (VII) School counselor professional organizations; and (VIII) Speech pathology professional organizations. (c) The faculty or an organization or person may submit to the administrative assistants written comments concerning the second draft that are signed by the submitting faculty member, organization, or person. The administrative assistants shall compile the written comments received from the faculty and organizations and submit them to the appropriate standards committee for consideration. Each standards committee may revise the second draft based on the comments received, and shall submit the second draft to the steering committee for review. (d) After receiving comments from the steering committee, the standards committees shall each develop and submit to the steering committee a final draft. The steering committee shall select two well-known or well-published experts in each instructional area to review the final draft of the academic standards. The steering committee shall not select as an expert a person who teaches at a university or college. The expert reviewers shall report to the steering committee concerning the quality of the proposed academic standards. (e) After receiving the final draft of the academic standards, the steering committee shall electronically publish the academic standards and allow members of the public to electronically submit comments to the steering committee. The steering committee shall also hold at least one public hearing at the state capitol building to receive public testimony on the proposed academic standards. Each of the standards committees may make changes to its respective proposed academic standards based on the comments and testimony received. (f) No later than October 18, 2015, the steering committee shall submit the final preschool through elementary and secondary education standards in English language arts, mathematics, science, and social studies to the state board for adoption as provided in section 22-7-1005 (1.5). (9) (a) The standards committees that are appointed in 2015 are disbanded, effective November 1, 2015. (b) On or before July 1, 2018, and on or before July 1 every six years thereafter, the steering committee shall appoint persons to serve on a recreated ELA committee, mathematics committee, science committee, and social studies committee. The newly recreated standards committees shall review the preschool through elementary and secondary education academic standards for English language arts, mathematics, science, and social studies and revise the academic standards, as necessary, using the process identified in this section. The steering committee shall submit the revised standards to the state board for adoption no later than December 1 of each year in which the standards committees are recreated. Each recreated standards committee is disbanded no later than December 31 of the year in which it is appointed. SECTION 3. In Colorado Revised Statutes, amend 22-7-1006 as follows: 22-7-1006. Preschool through elementary and secondary education - aligned assessments - adoption - revisions. (1) (a) On or before December 15, 2010, or as soon thereafter as fiscally practicable, The state board shall adopt a system of statewide assessments in the areas of mathematics, English language arts, and science that are aligned with the preschool through elementary and secondary education standards for these instructional areas and are designed to measure students' levels of attainment of the standards and to longitudinally measure students' academic progress toward attaining the standards and toward attaining postsecondary and workforce readiness. The department in collaboration with local education providers shall administer the statewide assessments as provided in section 22-7-1006.3. In adopting the system of statewide assessments, the state board shall ensure, at a minimum, that the system is assessments are designed to: (I) Provide relevant, timely results that will aid teachers, parents, and students in identifying areas in which students may need additional support or assistance in attaining the standards in mathematics, English language arts, and science; (II) Facilitate and ensure longitudinal measurement of students' academic growth over time; (III) Provide guidance to teachers, parents, and students in determining whether each student is making the necessary progress toward achieving postsecondary and workforce readiness; (IV) Provide results that may be used across multiple education systems as a student progresses from preschool through elementary and secondary education and into postsecondary education; (V) Maintain a high level of accountability across the state for students, schools, and school districts; (VI) Comply with the requirements of federal law with regard to statewide standardized testing; and (VII) Provide assessment scores that are useful in measuring student academic performance, the academic performance of a school, and the academic performance of a school district for purposes of state and federal accountability systems. (b) In adopting a system of statewide assessments, the state board shall give consideration to the use of authentic assessment methods, such as portfolios, projects, and performances, so long as the assessment methods are valid and reliable, employ standard scoring criteria, and align with the preschool through elementary and secondary education standards. (c) In adopting a system of statewide assessments, the state board shall also adopt scoring criteria for measuring a student's level of attainment of a standard based on the student's performance on a particular assessment and for measuring a student's progress toward attaining postsecondary and workforce readiness. (d) In adopting a system of statewide assessments, the state board shall also make recommendations concerning a system of ratings for public schools that recognizes each school's success in supporting the longitudinal academic growth of the students enrolled in the public schools and in achieving adequate yearly progress as required by federal law. (e) In adopting a system of statewide assessments, the state board shall recommend legislative changes as necessary to implement the system and the proposed changes to the system of ratings for public schools. (1.5) (a) Colorado shall participate as a governing board member, at least until January 1, 2014, in a consortium of states that focuses on the readiness of students for college and careers by developing a common set of assessments. On or before January 1, 2014, and on or before each January 1 thereafter, if Colorado is a governing board member of the consortium of states, the state board is strongly encouraged to conduct a fiscal and student achievement benefit analysis of Colorado remaining a governing board member of the consortium. If adopting the system of assessments that is aligned with the state standards for reading, writing, and mathematics, the state board shall rely upon assessments developed by the consortium of states. As soon as possible after adopting the preschool through elementary and secondary education academic standards in English language arts, mathematics, and science as provided in section 22-7-1005 (1.5), the state board shall direct the department to develop high-quality statewide assessments in the subjects of English language arts, mathematics, and science that align with the academic standards that the state board adopts for these instructional areas as provided in section 22-7-1005 (1.5). The department shall begin administering the new statewide student assessments in English language arts, mathematics, and science as provided in section 22-7-1006.3 no later than the 2016-17 school year. (b) The department shall select a vendor using the state procurement process to create and provide the assessments in English language arts, mathematics, and science. The contract with the vendor must ensure that the vendor is not allowed to collect, and that the assessments do not include questions that are designed to collect or measure, data, including metadata, concerning characteristics, attributes, or skills of students that are noncognitive, behavioral, emotional, or psychological and that the vendor is not allowed to collect biometric data, other than handwriting. (c) The state board shall ensure that each of the statewide assessments that it adopts is carefully circumscribed to reflect direct application to subject matter proficiency and does not include assessment questions that are designed to collect or measure characteristics, attributes, or skills of students that are noncognitive, behavioral, emotional, or psychological. (d) Until the new statewide assessments in English language arts, mathematics, and science are finalized, the department shall continue administering the statewide assessments in reading, writing, mathematics, and science that are aligned with the state academic standards in effect for these subjects during the 2006-07 school year. (2) In adopting the system of assessments, the state board shall ensure that it includes the postsecondary and workforce planning, preparation, and readiness assessments adopted by the state board and the commission pursuant to section 22-7-1008. (3) In adopting an a statewide assessment that is aligned with the state standards for writing, the state board shall: (a) Ensure that any writing assessment that is included within the system of statewide assessments can be evaluated and the results returned to the local education providers in a timely manner and that the assessment is designed to provide relevant, useful results; and (b) Seek input from local education providers concerning the writing assessments used by each local education provider, the usefulness of the assessments, and recommendations from the local education provider concerning writing assessments that would be effectively used at a statewide level. (4) The state board shall modify the system of statewide assessments adopted pursuant to this section as necessary in response to comments received through the peer review process and to reflect the contents of the state plan approved pursuant to section 22-7-1012. (5) (a) Every six years after the initial adoption of the system of statewide assessments pursuant to paragraph (a) of subsection (1) of this section, the state board shall review and adopt any appropriate revisions to such system of the statewide assessments, including revisions to assessments that are administered in languages other than English. The state board may adopt revisions to an assessment or adopt additional assessments, regardless of whether it adopts any revision to the standards with which the assessment is aligned. In adopting revisions to the system of statewide assessments, the state board shall ensure that the system of assessments continues assessments continue to meet the requirements specified in this section. (b) The state board shall review and update assessment, administration, and security policies as necessary to maintain the integrity of the assessments. (6) If the state board adopts an electronic delivery system for the statewide assessments that allows students to participate in on-line or computer-based assessments, the state board shall ensure that: (a) If administering or delivering an on-line or computer-based assessment has been or will be disrupted or delayed or will cause problems with student participation, the department may stop or cancel the on-line or computer-based assessment and administer the assessment by other means; and (b) A parent may choose to have his or her child take the statewide assessment using pen or pencil and paper rather than taking the assessment on-line or on a computer. SECTION 4. In Colorado Revised Statutes, add 22-7-1006.3 and 22-7-1006.5 as follows: 22-7-1006.3. Statewide assessments - administration. (1) (a) Beginning in the 2015-16 school year, the department of education in collaboration with local education providers shall administer the statewide assessments adopted by the state board pursuant to section 22-7-1006 in the subjects of English language arts, mathematics, and science. The department in collaboration with local education providers shall administer the statewide assessments as follows: (I) The statewide assessment in English language arts, administered annually in each of grades three through eight and in one of grades ten through twelve, as selected by each local education provider; (II) The statewide assessment in mathematics, administered annually in each of grades three through eight and in one of grades ten through twelve, as selected by each local education provider; (III) The statewide assessment in science, administered annually in one of grades three through five, one of grades six through nine, and one of grades ten through twelve, as selected by each local education provider. (b) By July 1, 2015, each local education provider shall report to the department the grade level at which it will administer the statewide assessments in English language arts and mathematics that must be administered once in grades ten through twelve and the grade levels at which it will administer the statewide science assessments. If a local education provider chooses to change an assessment grade level after the 2015-16 school year, the local education provider must: (I) Notify the department no later than July 1 of the school year in which the local education provider will implement the change; and (II) Ensure that the change in assessment grade level does not result in a student cohort that does not take the statewide assessment during a required grade interval. (c) Local education providers shall administer the statewide assessments on a schedule that the department annually sets. (d) As soon as possible after the enactment of a bill repealing the requirements in the federal "Elementary and Secondary Education Act of 1964", 20 U.S.C. sec. 6301, et seq., as amended, that states must administer statewide assessments in the areas of English language arts, mathematics, and science in specified grade levels, it is the intent of the general assembly to repeal the requirements of this section and allow local education providers to administer the assessments that each local education provider selects in the instructional areas and at the grade levels that the local education provider selects. (2) (a) Except as otherwise provided in paragraphs (b) and (c) of this subsection (2), each student enrolled in a public school is required to take the assessments administered pursuant to subsection (1) of this section at the grade level in which the student is enrolled, as determined by the enrolling local education provider. (b) A child who is enrolled in a nonpublic school or participating in a nonpublic home-based educational program pursuant to section 22-33-104.5 is not required to take an assessment administered pursuant to this section, even though the child may also be attending a public school for a portion of the school day and therefore included in the enrollment of a local education provider. (c) A student who has an individualized education program as provided in section 22-20-108, and who is eligible, according to the annual review of the student's individualized education program, for the state's alternate assessment for students with significant cognitive disabilities or another assessment approved by rule of the state board, is not required to take the assessments administered pursuant to subsection (1) of this section, but the student must take the alternate assessment or the other approved assessment. Each local education provider shall report to the department of education the results of the alternate assessments or other approved assessments administered to students enrolled in the local education provider. The department shall aggregate the results separately for each public school. (d) If a student has an individualized education program as provided in section 22-20-108, but is not eligible for the alternate assessment or other approved assessment, the enrolling local education provider shall assess the student in each instructional area for which there is a statewide test at the grade level in which the student is enrolled. If, as part of a student's individualized education program, the student attends part-time a school or program away from the school in which the student is enrolled, the local education provider in which a student is enrolled, or the administrative unit, may designate either the school of residency or the school of attendance as the school to which the department must assign the student's scores for purposes of measuring the levels of attainment on the performance indicators specified in section 22-11-204, determining accreditation categories pursuant to section 22-11-208, and measuring public school performance pursuant to section 22-11-210. (3) The department of education in collaboration with local education providers shall administer the English versions of the statewide assessments and may administer an assessment adopted by the state board in languages other than English, as may be appropriate for English language learners; except that a student who has participated in an English language proficiency program, as provided in article 24 of this title, for more than a total of three school years is ineligible to take the statewide assessments in a language other than English. (4) The department of education, by policy, may determine whether the scores of one or more groups of students are not appropriate to be used in measuring the levels of attainment on the performance indicators, as defined in section 22-11-103. A policy that the department adopts pursuant to this subsection (4) must be in accordance with the requirements of federal statutes and regulations. (5) The department of education shall work with the local education providers to recruit teachers to grade the statewide assessments administered pursuant to this section. In assigning assessments to teachers to grade, the department shall avoid conflicts of interest and ensure that a student's identity is not revealed to the teacher grading the student's assessments. The department shall ensure that grading of the assessments administered pursuant to this section is completed and the assessments and scores are returned to the appropriate local education provider no later than July 1 each year. The department shall distribute moneys to local education providers, which shall use the distributed moneys to pay teachers for grading the statewide assessments. (6) (a) The department of education shall provide to each local education provider the results of all of the statewide assessments that the local education provider administers and make available to local education providers the assessment data of individual students that is required to measure academic progress over time. The department shall align the disaggregation of assessment results with the exclusion of scores permitted by subsection (4) of this section. (b) The department of education shall release to the public only those assessment results that the department deems valid. The department shall not rely on assessment results that the department has deemed invalid in performance calculations when assigning ratings or school plan types, as described in article 11 of this title, to a local education provider. At any time that the department releases assessment results to the public, in addition to releasing the results of the English versions of the assessments, the department shall release the results of any assessments administered in languages other than English. (c) Upon the request of a local education provider, the department of education shall return to the local education provider the student responses to the essay portion and appropriate paragraphs that are released from the English language arts portion of the statewide assessment and the results of all requested statewide assessments. The requesting local education provider must pay the department for the actual cost of photocopying and mailing the English language arts portion of the statewide assessment. The requesting local education provider shall maintain the confidentiality of all assessment results that it receives and may use the essay portion and appropriate paragraphs only to improve an individual student's writing skills. (d) Each local education provider shall include the results of the assessments required by subsection (1) of this section on each student's final report card for the applicable school year and include the results in the student's permanent academic record; except that a local education provider may include assessment data on a student's final report card only if the local education provider has sufficient time to process the assessment results after they are released. (7) (a) Each local education provider shall ensure that appropriate personnel within each public school meet with and explain to the parent or legal guardian of each student enrolled in the public school the student's assessment results and diagnostic reporting returned to the student's public school. (b) The department of education shall create, maintain, and make available to local education providers and parents or legal guardians, upon request, a list of resources and programs that public schools and parents or legal guardians may access to assist students in addressing specific learning issues identified by the assessment results provided pursuant to this section. (8) (a) The department of education shall permit a nonpublic school to administer the assessments required by subsection (1) of this section and shall provide to the nonpublic school the results of any assessments administered, including diagnostic reporting for each student's performance on each assessment. The nonpublic school must pay all costs associated with administering and providing results for the assessments. (b) A local education provider, upon the request of the parent or legal guardian of a child who is participating in a nonpublic home-based educational program pursuant to section 22-33-104.5, shall permit the child to take an assessment required by subsection (1) of this section and shall provide to the parent or legal guardian of the child the results of any assessments administered, including diagnostic reporting for the child's performance on each assessment. The parent or legal guardian of the child must pay all costs associated with administering and providing results for the assessments. (9) (a) If the state board adopts an electronic delivery system for the statewide assessments that allows students to participate in on-line or computer-based assessments, a parent may choose to have his or her child take the statewide assessment using pen or pencil and paper rather than taking the assessment on-line or on a computer. (b) Notwithstanding any provision of this section to the contrary, the parent of a student may choose to excuse his or her child from taking a statewide assessment administered pursuant to this section. A student, a teacher, an administrator, a public school, a school district, or the state charter school institute shall not be penalized if a parent excuses his or her child from participating in a statewide assessment. (10) For each fiscal year, the general assembly shall appropriate moneys in the annual general appropriation act to the department of education to fund administration of the statewide assessments as described in this section. 22-7-1006.5. Academic standards and statewide assessments - state control. (1) (a) The state board shall not enter into an agreement, memorandum of understanding, or contract with a federal agency or private entity that in any way cedes or limits state discretion or control over developing, adopting, or revising academic standards and corresponding statewide assessments in the public school system, including but not limited to agreements, memoranda of understanding, and contracts in exchange for funding for public schools and programs. If the state board is a party, as of the effective date of this section, to an agreement, memorandum of understanding, or contract described in this subsection (1), the state board shall initiate necessary efforts to amend the agreement, memorandum of understanding, or contract to comply with the requirements of this subsection (1). (b) As of the effective date of this section, the state is not a governing board member or participating in any way with a consortium of states that creates a common set of assessments. The department of education shall not administer any assessment created by a consortium of states, including but not limited to the consortium known commonly as the partnership for assessment of readiness for college and careers. (2) This section does not prohibit the state board from seeking and receiving a waiver of federal law, so long as the conditions for the waiver do not require the state to cede or limit its discretion or control over developing, adopting, or revising subject matter standards and corresponding statewide assessments. (3) The department of education may participate in a multistate or multigovernmental cooperative, but shall not bind the state, contractually or otherwise, to the authority of another state, organization, or entity that may supersede the authority of the state board. SECTION 5. In Colorado Revised Statutes, 22-7-1012, amend (2) (c) as follows: 22-7-1012. State plan - amendments - peer review - final adoption. (2) (c) The limitations on the contents of the state plan specified in paragraph (b) of this subsection (2) shall not be construed to prohibit the state board and the commission from adopting, and the state board and the commission are encouraged to adopt, descriptions, standards, assessments, and other components of the aligned preschool through postsecondary public education systems that exceed the minimum requirements of federal law and that are comparable in scope, relevance, and rigor to the highest national and international standards that have been implemented successfully grade-appropriate academic content knowledge to the standards adopted by the academically highest-performing states and countries and are consistent with and relevant to achievement of the goals specified in section 22-7-1002. SECTION 6. In Colorado Revised Statutes, 22-7-1013, add (1.5) and (6) as follows: 22-7-1013. Local education provider - preschool through elementary and secondary education standards - adoption - academic acceleration. (1.5) After the state board adopts new academic standards in English language arts, mathematics, science, and social studies as required in section 22-7-1005 (1.5), each local education provider shall review its preschool through elementary and secondary education standards for English language arts, mathematics, science, and social studies and revise the standards if necessary to ensure that they meet or exceed the state academic standards for these subjects. (6) (a) Each local education provider shall adopt written policies as described in this subsection (6). The local education provider shall, each year before the start of fall semester classes, distribute copies of the policies to the parents of students enrolled in the local education provider and post copies of the policies on the local education provider's web site. (b) Each local education provider shall adopt and implement a written policy to allow a parent to excuse his or her child from participating in an assessment that the local education provider administers pursuant to section 22-7-1006.3 or pursuant to this section. At a minimum, the policy must require the parent to submit the excuse in writing and specify the deadlines and procedure by which a parent must submit the excuse. The policy must ensure that the student, a teacher, an administrator, or a public school is not penalized if a parent excuses his or her child from participating in an assessment that a local education provider administers pursuant to section 22-7-1006.3 or pursuant to this section. (c) Each local education provider shall adopt and implement a written policy to allow a parent to choose to have his or her child use pen or pencil and paper to take an on-line or computer-based assessment rather than taking the assessment on-line or on a computer. At a minimum, the policy must require the parent to notify the local education provider in writing of the parent's choice concerning the use of pen or pencil and paper assessments and specify the deadlines and procedure by which a parent must submit the notice. SECTION 7. In Colorado Revised Statutes, add 22-7-1013.5 as follows: 22-7-1013.5. Inspection of instructional material - definitions. (1) Each local education provider shall ensure that all instructional material that the local education provider uses as part of the education curriculum is available for inspection by the parents or legal guardians of the students enrolled in the public schools operated by the local education provider. (2) Each local education provider shall develop, in consultation with parents and legal guardians, and adopt policies concerning the inspection of instructional material. At a minimum, the policies must include procedures for granting a request by a parent or legal guardian for reasonable access to instructional material within a reasonable time after the local education provider receives the request. (3) As used in this section, "instructional material" means instructional content that is provided to a student, regardless of the format, and includes printed or representational materials, audio-visual materials, materials in electronic or digital formats, teacher manuals, films, tapes, and other supplementary instructional materials. SECTION 8. In Colorado Revised Statutes, 22-9-103, amend (1.1); and add (4.5) as follows: 22-9-103. Definitions. As used in this article, unless the context otherwise requires: (1.1) "Council" means the state council for educator effectiveness as it was established and existed pursuant to section 22-9-105.5 before July 1, 2015. (4.5) "Steering committee" means the preschool through elementary and secondary education academic standards steering committee created in section 22-7-1005.5. SECTION 9. In Colorado Revised Statutes, 22-9-104, amend (2) (c) as follows: 22-9-104. State board - powers and duties - rules. (2) The state board shall: (c) Pursuant to section 22-9-105.5, work with the council before July 1, 2015, and with the steering committee on and after July 1, 2015, to promulgate rules concerning the planning, development, implementation, and assessment of a system to evaluate the effectiveness of licensed personnel; SECTION 10. In Colorado Revised Statutes, 22-9-105.5, amend (3) introductory portion, (3) (a), (3) (a.5), (3) (i), (3) (j), (3.5), (7), (8), (9), (10) (a) introductory portion, (10) (a) (III), and (10) (a) (IV) (A); and add (2.1) as follows: 22-9-105.5. Steering committee - duties - recommendations - rules - repeal. (2.1) Subsections (1) and (2) of this section are repealed, effective July 1, 2015. On and after July 1, 2015, the preschool through elementary and secondary education academic standards steering committee created in section 22-7-1005.5 has the duties assigned to the council that are not complete as of July 1, 2015. (3) The council, shall have as it existed before July 1, 2015, had and the steering committee on and after July 1, 2015, has the following duties: (a) On or before March 1, 2011, and as the steering committee finds appropriate thereafter, to provide the state board with recommendations that will ensure that every teacher is evaluated using multiple fair, transparent, timely, rigorous, and valid methods. The recommendations developed pursuant to this paragraph (a) shall require that at least fifty fifteen percent of the evaluation is determined by the academic growth of the teacher's students and that each teacher is provided with an opportunity to improve his or her effectiveness through a teacher development plan that links his or her evaluation and performance standards to professional development opportunities. The quality standards for teachers shall include measures of student longitudinal academic growth that are consistent with the measures set forth in section 22-11-204 (2) and may include interim assessment results or evidence of student work, provided that all are rigorous and comparable across classrooms and aligned with state model academic content standards and performance standards developed pursuant to article 7 of this title. For the purposes of quality standards, expectations of student academic growth shall take into consideration diverse factors, including but not limited to special education, student mobility, and classrooms with a student population in which ninety-five percent meet the definition of high-risk student as defined in section 22-7-604.5 (1.5). The quality standards for teachers shall be clear and relevant to the teacher's roles and responsibilities and shall have the goal of improving student academic growth. The council, as it existed before July 1, 2015, and the steering committee on and after July 1, 2015, shall include in its recommendations a definition of effectiveness and its relation to quality standards. The definition of effectiveness shall include, but need not be limited to, criteria that will be used to differentiate between performance standards. The defined performance standards shall include, but need not be limited to, "highly effective", "effective", and "ineffective". The council, as it existed before July 1, 2015, and the steering committee on and after July 1, 2015, shall consider whether additional performance standards should be established. (a.5) On or before March 1, 2011, and as the steering committee finds appropriate thereafter, to provide the state board with recommendations that will ensure that every principal is evaluated using multiple fair, transparent, timely, rigorous, and valid methods. The recommendations pursuant to this paragraph (a.5) shall require that every principal is provided with a principal development plan. In making its recommendations, the council, as it existed before July 1, 2015, and the steering committee on and after July 1, 2015, shall recognize that not all teachers and principals require the same amount of supervision and evaluation. As part of its recommendations to the state board, the council, as it existed before July 1, 2015, shall develop a process, and the steering committee may recommend changes to the process, to enable a local school district to differentiate teacher and principal evaluations as part of its performance evaluation system. (i) On or before July 1, 2013, and July 1 each year thereafter during the implementation of the performance evaluation system, the department shall report to the council, as it existed before July 1, 2015, and to the steering committee on and after July 1, 2015, the results of the implementation and testing of the performance evaluation system. Based on the results of the reports, the council, as it existed before July 1, 2015, and steering committee on and after July 1, 2015, may make additional recommendations to be incorporated in the following stage of implementation. (j) The council, as it existed before July 1, 2015, shall develop an implementation plan for its recommendations and will identify tasks and the associated costs at the state and district levels. On or after July 1, 2015, the steering committee may submit changes to the implementation plan that the council develops and identify tasks and the associated costs at the state district levels. The recommendations shall include an implementation cost analysis, including assessment changes, assessment pilot study, staff training, research, data review, and any other tasks included in the council's or the steering committee's recommendations. It is incumbent on the council, as it existed before July 1, 2015, to consult with the department and expert practitioners familiar with school finance and to report by March 1, 2011, on the costs to implement the council's recommendations. (3.5) The recommendations made by the council as it existed before July 1, 2015, and the recommendations made by the steering committee on or after July 1, 2015, to the state board pursuant to this section shall reflect a consensus vote. For any issue that the council or the steering committee was unable to reach a consensus, the council or the steering committee shall provide to the state board the reasons it was unable to reach a consensus. (7) The council as it existed before July 1, 2015, and the steering committee on and after July 1, 2015, may establish working groups, task forces, or other structures from within its membership or outside its membership as needed to address specific issues or to assist in its work. (8) All recommendations made by the council as it existed before July 1, 2015, and the steering committee on and after July 1, 2015, pursuant to this section shall reflect a consensus of its members. (9) Unless otherwise provided for, the office of the governor and the department shall provide the council as it existed before July 1, 2015, and the steering committee on and after July 1, 2015, with the support, information, data, analytical information, and administrative support necessary to do its work. (10) (a) On or before September 1, 2011, the state board shall promulgate rules with regard to the issues specified in paragraphs (a) to (h) of subsection (3) of this section, using the recommendations from the council, as it existed before July 1, 2015. If the council, as it existed before July 1, 2015, fails to make recommendations to the state board by March 1, 2011, with regard to the issues specified in paragraphs (a) to (h) of subsection (3) of this section, the state board shall, on or before September 1, 2011, promulgate rules concerning any issues in said paragraphs (a) to (h) that the council did not address. In promulgating rules pursuant to this subsection (10), the state board shall conform to the following timeline: (III) Beginning with the 2012-13 school year, if the general assembly approves the rules promulgated pursuant to this subsection (10), the new performance evaluation system that is based on quality standards shall be implemented and tested as recommended by the council, as it existed before July 1, 2015, pursuant to paragraph (b) of subsection (3) of this section. (IV) (A) Beginning with the 2013-14 school year, if the general assembly approves the rules promulgated pursuant to this subsection (10), and based on the results of the first level of implementation in the 2012-13 school year, the new performance evaluation system that is based on quality standards shall be implemented statewide in a manner as recommended by the council, as it existed before July 1, 2015, or by the steering committee on and after July 1, 2015, pursuant to paragraph (b) of subsection (3) of this section. SECTION 11. In Colorado Revised Statutes, 22-9-105.7, amend (3) (b) (II) as follows: 22-9-105.7. Great teachers and leaders fund - created - gifts, grants, and donations. (3) (b) (II) The general assembly hereby finds and declares that, for the purposes of section 17 of article IX of the state constitution, the implementation of the state council for educator effectiveness, as it existed before July 1, 2015, and implementation of the preschool through elementary and secondary education academic standards steering committee on and after July 1, 2015, is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. SECTION 12. In Colorado Revised Statutes, 22-9-106, amend (1) (e) (II), (2.5) (b) (II), and (7) introductory portion as follows: 22-9-106. Local boards of education - duties - performance evaluation system - compliance - rules - repeal. (1) All school districts and boards of cooperative services that employ licensed personnel, as defined in section 22-9-103 (1.5), shall adopt a written system to evaluate the employment performance of school district and board of cooperative services licensed personnel, including all teachers, principals, and administrators, with the exception of licensed personnel employed by a board of cooperative services for a period of six weeks or less. In developing the licensed personnel performance evaluation system and any amendments thereto, the local board and board of cooperative services shall comply with the provisions of subsection (1.5) of this section and shall consult with administrators, principals, and teachers employed within the district or participating districts in a board of cooperative services, parents, and the school district licensed personnel performance evaluation council or the board of cooperative services personnel performance evaluation council created pursuant to section 22-9-107. The performance evaluation system shall address all of the performance standards established by rule of the state board and adopted by the general assembly pursuant to section 22-9-105.5, and shall contain, but need not be limited to, the following information: (e) (II) The standards set by the local board for effective performance for licensed personnel and the criteria to be used to determine whether the performance of each licensed person meets such standards and other criteria for evaluation for each licensed personnel position evaluated. One of the standards for measuring teacher effectiveness shall be directly related to classroom instruction and shall require that at least fifty fifteen percent of the evaluation is determined by the academic growth of the teacher's students. The district accountability committee shall provide input and recommendations concerning the assessment tools used to measure student academic growth as it relates to teacher evaluations. The standards shall include multiple measures of student performance in conjunction with student growth expectations. For the purposes of measuring effectiveness, expectations of student academic growth shall take into consideration diverse factors, including but not limited to special education, student mobility, and classrooms with a student population in which ninety-five percent meet the definition of high-risk student as defined in section 22-7-604.5 (1.5). The performance evaluation system shall also ensure that the standards and criteria are available in writing to all licensed personnel and are communicated and discussed by the person being evaluated and the evaluator prior to and during the course of the evaluation. This subparagraph (II) shall take effect at such time as the performance evaluation system based on quality standards established pursuant to this section and the rules promulgated by the state board pursuant to section 22-9-105.5 has completed the initial phase of implementation and has been implemented statewide. The commissioner shall provide notice of such implementation to the revisor of statutes on or before July 1, 2014, and each July 1 thereafter until statewide implementation occurs. (2.5) (b) (II) (A) For the 2014-15 academic year and every year thereafter, a local board shall implement a licensed personnel evaluation system based on the quality standards established pursuant to this article and rule of the state board, including student academic growth; except that, for the 2014-15 academic year only, notwithstanding any provision of this article or of rules adopted pursuant to this article to the contrary, a local board may determine at what percentage if any, to weigh student academic growth toward the final level of effectiveness assigned to any person receiving an evaluation pursuant to this article. In no instance may a local board weigh student academic growth, as used in determining a final level of effectiveness, at greater than fifty percent. (B) This subparagraph (II) is repealed, effective July 1, 2015. (7) Every principal shall be evaluated using multiple fair, transparent, timely, rigorous, and valid methods. The recommendations developed pursuant to this subsection (7) shall require that at least fifty fifteen percent of the evaluation is determined by the academic growth of the students enrolled in the principal's school. For principals, the quality standards shall include, but need not be limited to: SECTION 13. In Colorado Revised Statutes, 22-7-1003, amend (16); and repeal (12), (13), and (14) as follows: 22-7-1003. Definitions. As used in this part 10, unless the context otherwise requires: (12) "Pilot program" means the pilot program for administration of postsecondary and workforce planning, preparation, and readiness assessments implemented pursuant to section 22-7-1007. (13) "Postsecondary and workforce planning assessment" means an assessment or battery of assessments administered to students in eighth or ninth grade that, at a minimum, tests in the areas of reading, mathematics, and science, provides guidance regarding a student's level of academic preparation for entry into postsecondary education or the workforce, and is relevant to the student for purposes of postsecondary planning. (14) "Postsecondary and workforce preparation assessment" means an assessment or battery of assessments administered to students in tenth grade that, at a minimum, tests in the areas of reading, mathematics, and science, provides guidance regarding a student's level of academic preparation for entry into postsecondary education or the workforce, and is relevant to college admission determinations. (16) "Postsecondary and workforce readiness assessment" means an assessment or battery of assessments administered to students in eleventh grade during the time they are enrolled in ninth through twelfth grade that, at a minimum, tests in the areas of reading, mathematics, and science and is relevant to college admission determinations by institutions of higher education throughout the United States. SECTION 14. In Colorado Revised Statutes, repeal 22-7-1007. SECTION 15. In Colorado Revised Statutes, 22-7-1005, amend (4) as follows: 22-7-1005. Preschool through elementary and secondary education - aligned standards - adoption - revisions. (4) In adopting the standards for preschool through elementary and secondary education pursuant to this section, the state board shall ensure that it includes standards for grades nine through twelve that are aligned with the postsecondary and workforce planning, preparation, and readiness assessments adopted by the state board and the commission pursuant to section 22-7-1008. SECTION 16. In Colorado Revised Statutes, 22-7-1008, amend (1) (b), (2), and (3) (b) as follows: 22-7-1008. Postsecondary and workforce readiness description - postsecondary and workforce readiness assessments - adoption - revision. (1) (b) Based on the data received by the department of education from the operation of the pilot program pursuant to section 22-7-1007, the state board and the commission may modify the description of postsecondary and workforce readiness as appropriate to ensure alignment of the standards for grades nine through twelve, the postsecondary and workforce planning, preparation, and readiness assessments, and the description of postsecondary and workforce readiness. The state board and the commission may further modify the description of postsecondary and workforce readiness as necessary based on the recommendations received through the peer review process on the amended state plan pursuant to section 22-7-1012 to ensure alignment of the postsecondary and workforce readiness description with the standards and assessments. (2) (a) On or before December 15, 2010, or as soon thereafter as fiscally practicable, the state board and the commission shall negotiate a consensus and adopt one or more postsecondary and workforce planning assessments, postsecondary and workforce preparation assessments, and postsecondary and workforce readiness assessments that local education providers shall administer pursuant to section 22-7-1016. The state board and the commission shall base the selection of the postsecondary and workforce planning, preparation, and readiness assessments on the information received through the operation of the pilot program, ensuring ensure that the selected assessments are aligned with the standards for grades nine through twelve and with the description of postsecondary and workforce readiness. (b) Following adoption of the postsecondary and workforce planning, preparation, and readiness assessments, the state board and the commission shall negotiate a consensus and adopt scoring criteria for the postsecondary and workforce planning, preparation, and readiness assessments to indicate a student's level of postsecondary and workforce readiness, based on the student's level of performance on the assessments. The state board and the commission shall ensure that the scoring criteria for the postsecondary and workforce planning, preparation, and readiness assessments are aligned with the scoring criteria that apply to the system of assessments for preschool through elementary and secondary education standards. (c) The state board and the commission shall negotiate a consensus and modify the postsecondary and workforce planning, preparation, and readiness assessments adopted pursuant to this section as necessary in response to comments received through the peer review process and to reflect the contents of the state plan approved pursuant to section 22-7-1012. (3) (b) Every six years after the adoption of the postsecondary and workforce planning, preparation, and readiness assessments pursuant to paragraph (a) of subsection (2) of this section, the state board and the commission shall review, negotiate a consensus, and adopt any appropriate revisions to such the assessments. The state board and the commission may adopt revisions to the postsecondary and workforce planning, preparation, and readiness assessments, regardless of whether they adopt any revisions to the postsecondary and workforce readiness description. In adopting revisions to the assessments, the state board and the commission shall ensure that the assessments continue to meet the requirements specified in subsection (2) of this section. The state board and the commission shall also review and adopt any appropriate revisions to the scoring criteria. SECTION 17. In Colorado Revised Statutes, 22-7-1012, amend (2) (a) introductory portion and (2) (a) (I); and repeal (1) as follows: 22-7-1012. State plan - amendments - peer review - final adoption. (1) The department of education shall solicit information from local education providers that began administering postsecondary and workforce planning, preparation, and readiness assessments prior to implementation of the pilot program and from local education providers and assessment vendors that are participating in the pilot program. The department of education may contract with an independent, nationally recognized third party to conduct a rigorous evaluation of the information received and, based on the evaluation, to make recommendations to the department and the state board concerning amendments to the state plan. (2) (a) As soon as practicable under federal law, based on the evaluation of information received pursuant to subsection (1) of this section and on information received by the state board pursuant to section 22-7-1010 and on any information received from the regional educator meetings pursuant to section 22-7-1011, the department of education shall submit to the federal department of education amendments to the state plan for peer review and approval. The amendments, at a minimum, shall include: (I) Amendments to incorporate the preschool through elementary and secondary education standards adopted by the state board pursuant to section 22-7-1005, including the standards for grades nine through twelve that are aligned with the postsecondary and workforce planning, preparation, and readiness assessments adopted pursuant to section 22-7-1008; and SECTION 18. In Colorado Revised Statutes, 22-7-1015, amend (3) (b) as follows: 22-7-1015. Postsecondary and workforce readiness program - technical assistance. (3) (b) Notwithstanding the provisions of paragraph (a) of this subsection (3), a local education provider may allow a student who is receiving special education services to demonstrate attainment of postsecondary and workforce readiness through a differentiated plan for purposes of the postsecondary and workforce readiness program and the postsecondary and workforce planning, preparation, and readiness assessments, if required in the student's individualized education program. SECTION 19. In Colorado Revised Statutes, 22-7-1016, amend (1), (2) (b), and (4) (a) as follows: 22-7-1016. Postsecondary and workforce readiness assessments - transcripts. (1) Each local education provider shall administer the postsecondary and workforce planning, preparation, and readiness assessments adopted by the state board and the commission pursuant to section 22-7-1008 within two years of the adoption of such assessments. Upon receiving the results following administration of the postsecondary and workforce planning, preparation, and readiness assessments, the local education provider shall provide to each student a printed copy of the student's assessment results, and a teacher or counselor shall review each student's results with the student and, to the extent practicable, with the student's parent or legal guardian and determine the areas in which the student continues to need instruction in order to demonstrate postsecondary and workforce readiness prior to or upon attaining a high school diploma. (2) Each high school student's final transcript shall describe the student's level of postsecondary and workforce readiness by: (b) Indicating the student's level of performance on the postsecondary and workforce planning, preparation, and readiness assessments. (4) (a) A local education provider shall not apply a student's level of performance in the postsecondary and workforce readiness program or on the postsecondary and workforce planning, preparation, and readiness assessments to prohibit the student from participating in any program operated by the local education provider through which the student may earn postsecondary or career and technical education course credits while enrolled in high school. SECTION 20. In Colorado Revised Statutes, 22-7-1018, amend (1) (c) (V), (1) (c) (VI), (1) (c) (VII), and (2) (b) as follows: 22-7-1018. Cost study. (1) (c) At a minimum, the cost study shall address the costs associated with: (V) Aligning the preschool, elementary, secondary, and postsecondary education curricula with the postsecondary and workforce readiness description and administering and reviewing the postsecondary and workforce planning, preparation, and readiness assessments; (VI) Making changes to the postsecondary admissions processes and publications to take into account the postsecondary and workforce readiness description and the postsecondary and workforce planning, preparation, and readiness assessments; and (VII) Reviewing, adopting, and implementing standards in educator preparation programs to incorporate the preschool through elementary and secondary education standards, the school readiness description, the system of assessments, the individualized readiness plans, the postsecondary and workforce readiness description, and the postsecondary and workforce planning, preparation, and readiness assessments. (2) The entity selected to conduct the cost study shall submit reports to the department of education and the department of higher education in accordance with the following timeline: (b) On or before October 1, 2011, a report of the costs pertaining to implementation of the school readiness assessments, the system of assessments that is aligned with the preschool through elementary and secondary education standards, and the postsecondary and workforce planning, preparation, and readiness assessments; and SECTION 21. In Colorado Revised Statutes, 22-11-202, repeal (1) (c) as follows: 22-11-202. Colorado growth model - technical advisory panel - rules. (1) (c) Within ninety days after receiving the information from the 2009-10 administration of the postsecondary and workforce planning, preparation, and readiness assessments pursuant to section 22-7-1007, the department shall recommend to the state board for adoption by rule any necessary adjustments to the Colorado growth model to ensure that it measures student academic growth over time toward attainment of the standards adopted pursuant to section 22-7-1005 and attainment of postsecondary and workforce readiness as described pursuant to section 22-7-1008. In recommending adjustments to the Colorado growth model, the department shall consult with the technical advisory panel appointed pursuant to subsection (2) of this section. SECTION 22. In Colorado Revised Statutes, 23-1-113, amend (6) as follows: 23-1-113. Commission directive - admission standards for baccalaureate and graduate institutions of higher education - policy - definitions. (6) (a) On or before December 15, 2010, pursuant to section 22-7-1008, C.R.S., the commission and the state board of education shall negotiate a consensus and adopt one or more postsecondary and workforce planning, preparation, and readiness assessments for use by school districts, boards of cooperative services, district charter high schools, and institute charter high schools. The commission and the state board of education also shall negotiate a consensus and adopt scoring criteria to indicate a student's level of postsecondary and workforce readiness, as provided in section 22-7-1008, C.R.S. (b) Every six years after the adoption of the postsecondary and workforce planning, preparation, and readiness assessments pursuant to section 22-7-1008, C.R.S., the commission and the state board of education may negotiate a consensus and adopt revisions to such assessments. The commission and the state board of education may also revise the scoring criteria for the postsecondary and workforce planning, preparation, and readiness assessments, as necessary. SECTION 23. In Colorado Revised Statutes, repeal part 4 of article 7 of title 22. SECTION 24. In Colorado Revised Statutes, 2-2-1801, amend (1) (d) as follows: 2-2-1801. Legislative declaration. (1) The general assembly finds that: (d) At a minimum, the study should examine how the statewide assessments required in sections 22-7-409, 22-7-1006 and 22-7-1013 22-7-1006.3, C.R.S., and in part 12 of article 7 of title 22, C.R.S., are administered, how the data obtained from the assessments are used, and the impact of the statewide assessments on local assessment systems, instructional time, and administrative workload; SECTION 25. In Colorado Revised Statutes, 2-2-1802, amend (6) and (10) as follows: 2-2-1802. Definitions. As used in this part 18, unless the context otherwise requires: (6) "Local assessments" means assessments that a school district or charter school adopts and administers pursuant to section 22-7-407, 22-7-1013 or 22-7-1205, C.R.S. (10) "Statewide assessments" means the assessments administered pursuant to section 22-7-409, 22-7-1006, 22-7-1006.3 or 22-7-1205, C.R.S. SECTION 26. In Colorado Revised Statutes, 18-1.3-407, amend (3.4) (c) as follows: 18-1.3-407. Sentences - youthful offenders - legislative declaration - powers and duties of district court - authorization for youthful offender system - powers and duties of department of corrections - definitions. (3.4) In addition to the powers granted to the department of corrections in subsection (3.3) of this section, the department of corrections may: (c) Contract with any public or private entity, including but not limited to a school district, for provision or certification of educational services. Offenders receiving educational services or diplomas from a school district under an agreement entered into pursuant to this paragraph (c) shall not be included in computing the school district's student performance on statewide assessments pursuant to section 22-7-409 section 22-7-1006.3, C.R.S., or the school district's levels of attainment of the performance indicators pursuant to article 11 of title 22, C.R.S. SECTION 27. In Colorado Revised Statutes, 22-1-104, amend (4) (a) as follows: 22-1-104. Teaching of history, culture, and civil government. (4) (a) In an effort to increase civic participation among young people, each school district board of education shall convene a community forum on a periodic basis, but not less than once every ten years, for all interested persons to discuss adopted content standards in civics, including the subjects described in subsection (2) of this section. and in conformance with the plan to reexamine acceptable performance levels described in section 22-7-407 (2). SECTION 28. In Colorado Revised Statutes, 22-1-123, amend (5) (b) as follows: 22-1-123. Protection of student data - parental or legal guardian consent for surveys. (5) (b) The requirement of written consent pursuant to this subsection (5) applies throughout a public school's curriculum and other school activities; except that the requirement of written consent does not apply to a student's participation in an assessment administered pursuant to section 22-7-407 or 22-7-409 or part 10 of article 7 of this title. In implementing this subsection (5), the school or school district and employees shall ensure that their first responsibility is to students and their parents and shall allow only minimal use of students' academic time by institutions, agencies, or organizations outside the school or school district to gather information from students. SECTION 29. In Colorado Revised Statutes, 22-2-106, amend (1) (a.5) introductory portion and (1) (a.5) (V) as follows: 22-2-106. State board - duties. (1) It is the duty of the state board: (a.5) To adopt, on or before May 15, 2013, a comprehensive set of guidelines for the establishment of high school graduation requirements to be used by each school district board of education in developing local high school graduation requirements. Each school district board of education shall retain retains the authority to develop its own unique high school graduation requirements, so long as those local high school graduation requirements meet or exceed any minimum standards or basic core competencies or skills identified in the comprehensive set of guidelines for high school graduation developed by the state board pursuant to this paragraph (a.5). In developing the guidelines for high school graduation, the state board shall utilize the recommendations of the state graduation guidelines development council established in section 22-7-414, as it existed prior to July 1, 2008, and shall: (V) Utilize standards-based education, as described in section 22-7-402, and as revised pursuant to part 10 of article 7 of this title, as the framework for the development of the guidelines for high school graduation and consider how high school graduation requirements can be articulated in a standards-based education system. In the process of developing the guidelines for high school graduation, the state board shall ensure that the state model content standards, adopted pursuant to section 22-7-406, are sufficiently rigorous, particularly in the core academic subject areas of mathematics, science, reading, and writing so that students are exposed to subject matter that research indicates will adequately prepare them for entrance into the workforce or the postsecondary education system. On or before August 1, 2007, the state board shall begin to receive public comment on the adequacy of the existing state model content standards. As part of receiving public comment, the state board is encouraged to form a stakeholder group of parents, teachers, administrators, and others to develop recommendations related to modernizing the state model content standards in mathematics, science, reading, and writing. On or before February 1, 2008, the state board shall report to the education committees of the house of representatives and the senate, or any successor committees, on the adequacy of the existing state model content standards in these subject matters. SECTION 30. In Colorado Revised Statutes, 22-2-109, amend (6) (a) introductory portion and (6) (a) (II) as follows: 22-2-109. State board of education - additional duties - teacher standards - principal standards. (6) (a) On or before January 1, 2003, the state board of education by rule shall adopt performance-based principal licensure standards to guide the development of principal preparation programs offered by institutions of higher education. The state board of education shall develop said standards in collaboration with institutions of higher education that offer principal preparation programs, superintendents and local boards of education, and the commission on higher education. The state board of education shall ensure that said standards are consistent with national standards for principal preparation. Said standards shall must include, but need not be limited to, the following: (II) Instructional skills and knowledge and the use of data necessary to lead and organize a standards-based school that is characterized by student proficiency in literacy and the state model content standards as described in section 22-7-406 section 22-7-1005. SECTION 31. In Colorado Revised Statutes, 22-2-117, amend (1.5) as follows: 22-2-117. Additional power - state board - waiver of requirements - rules. (1.5) Notwithstanding any provision of this section or any other provision of law, the state board shall not waive requirements contained in article 11 of this title or sections 22-7-409 sections 22-7-1006.3, 22-32-105, 22-32-109 (1) (bb) (I) and (2), 22-32-109.1 (2) (a), 22-32-146, and 22-33-104 (4). SECTION 32. In Colorado Revised Statutes, 22-2-406, amend (1) (a) as follows: 22-2-406. Facility schools board duties - curriculum - graduation standards - rules. (1) In addition to any other duties provided by law, the facility schools board shall: (a) Adopt curriculum to be provided by approved facility schools. At a minimum, the facility schools board shall align the curriculum for the core subjects of reading, writing, mathematics, science, history, and geography with the state model content standards adopted pursuant to section 22-7-406 section 22-7-1005 and the statewide assessments administered through the Colorado student assessment program pursuant to section 22-7-409 as provided in section 22-7-1006.3. The curriculum shall must include a range of course work from which an approved facility school may select courses that meet the needs of the students who are placed at the facility. SECTION 33. In Colorado Revised Statutes, 22-5-115, amend (4) as follows: 22-5-115. Financing boards of cooperative services. (4) For budget years commencing on or after July 1, 1996, any amount received by a board of cooperative services pursuant to this section shall must be used to fund professional educator development in standards-based education, pursuant to the plan adopted by each school district pursuant to section 22-7-407 (2) as implemented through part 10 of article 7 of this title, in each school district that is a member of such board and in any nonmember school district that chooses to participate in a professional educator development program with any board of cooperative services. SECTION 34. In Colorado Revised Statutes, 22-7-604.5, amend (1) introductory portion, (1) (a) (VI) (A), (1) (a) (VI) (C), and (3) (a) as follows: 22-7-604.5. Alternative education campuses - criteria - application - rule-making. (1) A public school may apply to the state board for designation as an alternative education campus. The state board shall adopt rules specifying the criteria and application process for a public school to be designated an alternative education campus. The rules shall must include but need not be limited to: (a) Criteria that a public school must meet to be designated an alternative education campus, including but not limited to the following: (VI) (A) Serving students who have severe limitations that preclude appropriate administration of the assessments administered pursuant to section 22-7-409 section 22-7-1006.3; (C) Serving students who attend on a part-time basis and who come from other public schools where the part-time students are counted in the enrollment of the other public school; except that the results of the assessments administered pursuant to section 22-7-409 of section 22-7-1006.3 to all part-time students and high-risk students as defined in subsection (1.5) of this section shall must be used in determining the levels of attainment on the performance indicators for the public school for which the student is counted for enrollment purposes; (3) (a) Except as excluded pursuant to section 22-7-409 section 22-7-1006.3, the results of the assessments administered pursuant to section 22-7-409 section 22-7-1006.3 for all part-time students attending a school or a program that is designated an alternative education campus pursuant to this section shall must be included in determining the levels of attainment on the performance indicators achieved by the school to which the student is assigned for enrollment purposes. SECTION 35. In Colorado Revised Statutes, 22-7-802, amend (3); and repeal (1) as follows: 22-7-802. Definitions. As used in this part 8, unless the context otherwise requires: (1) "CSAP" means the Colorado student assessment program administered pursuant to section 22-7-409. (3) "Eligible student" means a student who will begin fifth, sixth, seventh, or eighth grade in the next academic year and who has received an unsatisfactory proficiency level score on the statewide reading, writing, or mathematics assessment administered through the CSAP pursuant to section 22-7-1006.3 for the preceding academic year. SECTION 36. In Colorado Revised Statutes, 22-11-103, amend (33) as follows: 22-11-103. Definitions. As used in this article, unless the context otherwise requires: (33) "Statewide assessments" means the assessments administered pursuant to the Colorado student assessment program created in section 22-7-409 or as part of the system of assessments adopted by the state board pursuant to section 22-7-1006 section 22-7-1006.3. SECTION 37. In Colorado Revised Statutes, 22-24-106, amend (1) (c) and (1) (h) as follows: 22-24-106. Department of education - powers - duties - state board of education - rules. (1) The department shall: (c) Establish, by guidelines, any accommodations that a local education provider must allow and the circumstances in which a local education provider must allow the accommodations for English language learners who are taking assessments pursuant to section 22-7-409 or 22-7-1006 section 22-7-1006.3; (h) Disaggregate the data received through the statewide assessment program pursuant to section 22-7-409 or 22-7-1006 section 22-7-1006.3 and report the English language proficiency and academic achievement of English language learners, while they are receiving services through the English language proficiency program and after they exit the English language proficiency program through high school graduation, as provided in part 5 of article 11 of this title; and SECTION 38. In Colorado Revised Statutes, 22-30.5-104, amend (6) (c) (II) as follows: 22-30.5-104. Charter school - requirements - authority. (6) (c) A school district, on behalf of a charter school, may apply to the state board for a waiver of a state statute or state rule that is not an automatic waiver. Notwithstanding any provision of this subsection (6) to the contrary, the state board may not waive any statute or rule relating to: (II) The assessments required to be administered pursuant to section 22-7-409 section 22-7-1006.3; SECTION 39. In Colorado Revised Statutes, 22-30.5-303, amend (2) (b) introductory portion, (2) (b) (III), and (2) (b) (IV) as follows: 22-30.5-303. Independent charter schools - request for proposals - response contents. (2) (b) The state board shall adopt rules specifying a schedule for receipt of the responses to the request for proposals pursuant to paragraph (a) of this subsection (2), the formation of a review committee and receipt of the recommendations of said committee pursuant to section 22-30.5-304, and the selection of an applicant and notification to the local board of education pursuant to section 22-30.5-305. Said schedule shall must ensure the completion of negotiations on the independent charter no later than May 30 of the year in which the independent charter school is to open. The rules shall must also specify the information that an independent charter proposal shall must include in order to be eligible for consideration. Such information shall must include, but need not be limited to, the following: (III) A description of the independent charter school's educational program, student performance standards, annual targets for the measures used to determine the levels of attainment of the performance indicators specified in section 22-11-204, and curriculum, which shall must meet or exceed the state model content preschool through elementary and secondary education standards adopted pursuant to part 4 or part 10 of article 7 of this title and shall must be designed to enable each student to achieve such standards and targets; (IV) A description of the independent charter school's plan for evaluating student performance, the types of assessments that shall must be used to measure student progress toward achievement of the school's student performance standards and the targets for the measures used to determine the levels of attainment of the performance indicators, including but not limited to the statewide assessments administered under the Colorado student assessment program pursuant to section 22-7-409 pursuant to section 22-7-1006.3, the timeline for achievement of the school's student performance standards and the targets, and the procedures for taking corrective action in the event that student performance at the independent charter school fails to meet such standards and targets; SECTION 40. In Colorado Revised Statutes, 22-30.5-505, amend (8) as follows: 22-30.5-505. State charter school institute - institute board - appointment - powers and duties - rules. (8) The institute shall ensure that each institute charter school adopts content standards in a manner consistent with that required of school districts pursuant to section 22-7-407 as required in section 22-7-1013. SECTION 41. In Colorado Revised Statutes, 22-30.5-507, amend (7) (b) (II) as follows: 22-30.5-507. Institute charter school - requirements - authority - rules. (7) (b) An institute charter school may apply to the state board, through the institute, for a waiver of state statutes and state rules that are not automatic waivers. The state board may waive state statutory requirements or rules promulgated by the state board; except that the state board may not waive any statute or rule relating to: (II) The assessments required to be administered pursuant to section 22-7-409 section 22-7-1006.3; SECTION 42. In Colorado Revised Statutes, 22-30.7-105, amend (2) introductory portion and (2) (b) as follows: 22-30.7-105. Program criteria - guidelines - quality standards - records - rules. (2) The following guidelines apply to each on-line program or on-line school that is created or overseen pursuant to the provisions of this article: (b) Each student participating in an on-line program or on-line school shall be is subject to the statewide assessments administered pursuant to section 22-7-409 section 22-7-1006.3. SECTION 43. In Colorado Revised Statutes, 22-32-109, amend (1) (aa) as follows: 22-32-109. Board of education - specific duties. (1) In addition to any other duty required to be performed by law, each board of education shall have and perform the following specific duties: (aa) To adopt content standards and a plan for implementation of such content standards pursuant to the provisions of section 22-7-407 and implement preschool through elementary and secondary education standards as required in part 10 of article 7 of this title; SECTION 44. In Colorado Revised Statutes, 22-32-109.6, amend (2) (a) as follows: 22-32-109.6. Board of education - specific duties - class size reduction plans - alternative student achievement plans - definitions. (2) As used in this section, unless the context otherwise requires: (a) "Class" means a non-elective class in kindergarten or the first, second, or third grade or any combination of kindergarten or the first, second, or third grades in a public school, which class provides instruction in one or more of the first priority state model content standards areas of reading, writing, mathematics, science, history, or geography. as described in section 22-7-406 (1) (a). SECTION 45. In Colorado Revised Statutes, 22-32.5-108, amend (2) introductory portion and (2) (a) as follows: 22-32.5-108. District of innovation - waiver of statutory and regulatory requirements. (2) Each district of innovation shall continue continues to be subject to all statutes and rules that are not waived by the state board pursuant to subsection (1) of this section, including but not limited to all statutes and rules concerning implementation of: (a) The Colorado student assessment program created in section 22-7-409 statewide assessment requirements specified in section 22-7-1006.3; SECTION 46. In Colorado Revised Statutes, 22-43.7-111, amend (1) (c) as follows: 22-43.7-111. Reporting requirements - auditing by state auditor. (1) No later than February 15, 2010, and no later than each February 15 thereafter, the board shall present a written report to the education and finance committees of the house of representatives and the senate and the capital development committee, or any successor committees, regarding the provision of financial assistance to applicants pursuant to this article. The report shall must include, at a minimum: (c) A summary of any differences between the common physical design elements and characteristics of the highest performing schools in the state and the lowest performing schools in the state as measured by academic productivity measures such as the Colorado student assessment program created in part 4 of article 7 of this title statewide assessments administered pursuant to section 22-7-1006.3 or Colorado ACT results; and SECTION 47. In Colorado Revised Statutes, 22-54-103, amend (1.5) (b) (IV) as follows: 22-54-103. Definitions. As used in this article, unless the context otherwise requires: (1.5) (b) For purposes of this subsection (1.5): (IV) "District pupils who are English language learners" means the number of pupils included in the district pupil enrollment for the preceding budget year who were not eligible for free lunch pursuant to the provisions of the federal "National School Lunch Act", 42 U.S.C. sec. 1751 et seq., and who are English language learners, as defined in section 22-24-103 (3), and: (A) Whose scores were not included in calculating school academic performance grades as provided in section 22-7-409 (1.2) (d) (I) (C) section 22-7-1006.3; or (B) Who took an assessment administered pursuant to section 22-7-409 section 22-7-1006.3 in a language other than English. SECTION 48. In Colorado Revised Statutes, 22-55-102, amend (1) (b), (2) (a) (II), and (3) introductory portion as follows: 22-55-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Accountability reporting" means any requirement established in law that mandates school districts to report or provide information relative to school improvement to the state board or the department, including, but not limited to: (b) Reporting requirements in connection with the administration and implementation of the Colorado student assessment program developed pursuant to part 4 of article 7 of this title statewide assessments pursuant to section 22-7-1006.3; or (2) (a) "Accountable education reform" means any program or plan for reforming preschool through twelfth-grade education in the state that complies with accountability standards imposed by law on school districts in the state, including, but not limited to, the requirements set forth in: (II) Part 4 of article 7 of this title relating to the Colorado student assessment program Part 10 of article 7 of this title. (3) "Accountable programs to meet state academic standards" include, but are not limited to, programs designed to assist students in demonstrating improved academic achievement on student statewide assessments administered under the Colorado student assessment program developed pursuant to part 4 of article 7 of this title pursuant to section 22-7-1006.3. "Accountable programs to meet state academic standards" include, but are not limited to, programs: SECTION 49. In Colorado Revised Statutes, 22-60.5-110, amend (3) (c) (I) as follows: 22-60.5-110. Renewal of licenses. (3) (c) In selecting professional development activities for the renewal of a professional license pursuant to this section, each licensee shall choose those activities that will aid the licensee in meeting the standards for a professional educator, including but not limited to the following goals: (I) Knowledge of subject matter content and learning, including knowledge and application of standards-based education pursuant to part 4 part 10 of article 7 of this title; SECTION 50. In Colorado Revised Statutes, 22-60.5-203, amend (2) as follows: 22-60.5-203. Assessment of professional competencies - rules. (2) The state board by rule shall identify the professional competencies required of the applicants described in subsection (3) of this section specifically in the context of the requirements of standards-based education pursuant to the requirements of part 4 part 10 of article 7 of this title. Such professional competencies shall apply to an applicant only within the scope of the subject matter to be taught by the applicant. SECTION 51. In Colorado Revised Statutes, 22-60.5-303, amend (2) (h) as follows: 22-60.5-303. Assessment of professional competencies. (2) The following list of areas of knowledge is a guideline to be used by the state board of education and shall not be construed as inclusive or prescriptive: (h) Knowledge and application of standards-based education pursuant to part 4 part 10 of article 7 of this title. SECTION 52. In Colorado Revised Statutes, 22-60.5-308, amend (2) (h) as follows: 22-60.5-308. Assessment of professional competencies. (2) The following list of areas of knowledge is a guideline to be used by the state board of education and shall not be construed as inclusive or prescriptive: (h) Knowledge and application of standards-based education pursuant to part 4 part 10 of article 7 of this title. SECTION 53. In Colorado Revised Statutes, 23-1-119.2, amend (1) (a) and (1) (b) introductory portion as follows: 23-1-119.2. Commission directive - notice of college preparatory courses for high school students. (1) The commission shall adopt a policy on or before October 1, 2005, to: (a) Obtain, on or before June 1 of each school year, from the appropriate test administrator for the standardized, curriculum-based, achievement, college entrance exam administered pursuant to section 22-7-409 (1.5) (a), C.R.S., and the precollegiate exam administrators the names and mailing addresses of all students enrolled in Colorado public schools who take either a standardized, curriculum-based, achievement college entrance exam or a precollegiate exam; (b) Beginning in the spring of 2006, send an annual notice concerning college preparatory courses to the parent or legal guardian of each student who takes the a standardized, curriculum-based, achievement, college entrance exam administered pursuant to section 22-7-409 (1.5) (a), C.R.S., or the or a precollegiate exam. The commission shall send the notice shall be sent to the parent or legal guardian prior to the start of a student's twelfth-grade year if the student took the standardized, curriculum-based, achievement, college entrance exam, or prior to the start of a student's eleventh-grade year if the student took the precollegiate exam. At a minimum, the notice shall must include: SECTION 54. In Colorado Revised Statutes, 23-1-121, amend (2) introductory portion and (2) (c) as follows: 23-1-121. Commission directive - approval of educator preparation programs - review. (2) The commission shall adopt policies establishing the requirements for educator preparation programs offered by institutions of higher education. The department shall work in cooperation with the state board of education in developing the requirements for educator preparation programs. At a minimum, the requirements shall must ensure that each educator preparation program complies with section 23-1-125, is designed on a performance-based model, and includes: (c) Course work and field-based training that integrates theory and practice and educates candidates in the methodologies, practices, and procedures of standards-based education, as described in parts 4 and part 10 of article 7 of title 22, C.R.S., and specifically in teaching to the state academic standards adopted pursuant to section 22-7-406, C.R.S., or, beginning December 15, 2012, teaching to the state preschool through elementary and secondary education standards adopted pursuant to section 22-7-1005, C.R.S.; SECTION 55. In Colorado Revised Statutes, 26-6.5-101.5, repeal (4) as follows: 26-6.5-101.5. Definitions. As used in this part 1, unless the context otherwise requires: (4) "CSAP" means the Colorado student assessment program implemented pursuant to section 22-7-409, C.R.S. SECTION 56. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.